Vanderbilt University Medical Center layoffs spark lawsuit

More filings over Family and Medical Leave Act possible

Aug. 20, 2013

Written by

Shelley DuBois

The Tennessean

The first of what could be several lawsuits against Vanderbilt University Medical Center in relation to a recent round of job cuts was filed Monday in U.S. District Court in Nashville.

Sherry Melton, a resident of Bell Buckle, Tenn., filed suit against the hospital where she was a nurse for 13 years until she was terminated on July 18, allegedly in violation of the Family and Medical Leave Act, according to the lawsuit . She is represented by Nashville civil rights attorney George Barrett and former U.S. Attorney Jerry Martin of the Nashville-based law firm Barrett Johnston LLC.

Meltonís is one of several planned lawsuit filings that will shed light on Vanderbiltís violations of the FMLA, according to the firm.

Meltonís layoff was strategic, the lawsuit claims. ďWhile VUMC has yet to publicly comment on the precise criteria utilized in selecting employees to terminate, some employees were targeted as a direct result of having exercised their rights pursuant to the FMLA,Ē according to the lawsuit.

A spokesman for Vanderbilt said the university could not comment because it had not yet reviewed the lawsuit.

Vanderbilt University Medical Center has announced plans to trim its budget by $250 million over the next two fiscal years, which could include cutting up to 1,000 jobs by the end of this fiscal year. About 300 jobs have been cut so far.

The Family and Medical Leave act of 1993 enables eligible employees to take up to 12 weeks of job-protected leave in the event of certain family and medical events including the birth of a child, a family memberís illness and, relevant to this lawsuit, ďa serious health condition that makes the employee unable to perform the essential functions of his or her job.Ē

According to the lawsuit, Melton was fired while on an eight-week approved leave, which she had taken to recover from surgery on her left knee. The operation took place on May 28 at Vanderbiltís Bone and Joint Clinic. According to the lawsuit, Melton filed her proper leave paperwork on July 17, which should have enabled her to return to work on July 22.

On July 18, Meltonís manager told her that she was fired, effective immediately, due to poor job performance, according to the lawsuit. This is despite the fact that, the lawsuit states, Melton had a favorable performance review in April.

The lawsuit is seeking back pay, compensatory damages and other declaratory and injunctive relief, along with court fees.